The practice of family law requires from the lawyer the ability to take a client from a difficult emotional, financial and mostly intensely personal situation and make things as best as possible for the client and the client’s loved ones.
In any given family law file, a variety of important issues may intertwine to make the involvement of lawyers and sometimes other professionals necessary. There are several issues that surround the needs of the children involved in the family (i.e., child support).
Custody and access issues are always first and foremost on the minds of clients when children are involved. Also, parties can negotiate a parenting plan where issues relating to custody, access, child support, etc. are negotiated and agreed upon. A parenting plan provides the parties with the ability to shield the children from the other disputed issues in a family law file such as equalization.
Equalization is the process by which the matrimonial assets are divided equitably between the parties. Where there are significant matrimonial assets of value, and where there are a great variety of matrimonial assets, the greater the chance for a protracted legal dispute. A good clear understanding of each party’s financial situation is critical to an effective resolution of an equalization claim. Disclosure is critical!
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Often, when parties decide to separate or divorce, both parties may not have similar socio-economic positions. One party may be significantly disadvantaged as a result of the break-up of the marriage. Spousal support is designed to address such disadvantages accruing to one party.
It must not be forgotten that parties can plan ahead for all potential difficulties by entering into domestic contracts. These contracts can be entered into before a marriage or cohabitation.
They can be entered into upon the dissolution of a marriage or cohabitation. If parties wish to enter into such agreements and are willing to enter into good-faith negotiations with proper disclosure, there is every reason it should result in a successful, conflict-free resolution of most, if not all, disputes.
Parties can also enter into processes that are non-litigious when they face problems in their marriage or co-habitation arrangements. These processes are often referred to as alternative dispute resolution.
If you are a custodial or access parent and wish to travel with your child/children outside of Ontario, you may use our travel consent form.
We would love to help you with your family law file and answer any questions you may have. Please do not hesitate to contact us at 905-275-9871.